Published AAO appeal decisions

A senior SoC researcher sought EB-2 NIW under Dhanasar. The AAO found substantial merit and national importance of his hardware security research but held he failed to show he is well-positioned to advance it, lacking contemporaneous evidence of impact or specific advancement plan.

Computer scientist with advanced degree proposed developing computer vision and large language models for drug discovery. AAO found SCOPS failed to adequately analyze whether endeavor has substantial merit and national importance, contained contradictory statements on second prong, and insufficiently analyzed third prong. Decision withdrawn and remanded.

Senior machine learning engineer proposes research on foundational model disentanglement and interpretability. AAO found the endeavor has substantial merit and national importance but rejected the petition because the petitioner failed to demonstrate she is well-positioned to advance it through sufficient record of success or influence in the field.

Senior software engineer with PhD in computer science proposes distributed query optimization research. AAO found the research endeavor meritorious but distinguished between proposed independent research and employer-specific benefits, finding the latter lacks national importance. Petition dismissed because petitioner failed second prong.

A software engineer sought NIW for cloud computing work. AAO agreed that although the field has substantial merit, the petitioner's specific proposed endeavor lacks national importance. Petitioner failed to demonstrate broader implications beyond his company or how his work would impact the industry or region more broadly.

AI manufacturer petitioned for beneficiary's EB-2 national interest waiver. Beneficiary qualified for underlying EB-2 but failed NIW Dhanasar first prong; proposed work lacked demonstrated national importance and broader implications beyond company and clients.

Employer-sponsored semiconductor engineer with master's degree seeks EB-2 national interest waiver for system-level test development work. Claimed endeavor has national importance due to semiconductor industry value and testing standard implications. AAO found importance of field insufficient; specific proposed endeavor lacks demonstrated broader prospective impact.

Computer science researcher with master's degree in statistics seeks EB-2 national interest waiver for AI-driven medical imaging and prediction models development. SCOPS improperly evaluated first prong by conflating proposed endeavor with petitioner's employment history and applying second-prong factors. AAO remanded for reconsideration of whether specific endeavor has prospective national importance.

Computer scientist with master's degree in engineering proposed advancing AI research in deep learning for data analysis and virtual assistants. AAO found endeavor has substantial merit and national importance but petitioner is not well positioned to advance it due to insufficient record of success and impact. Appeal dismissed on second prong failure.

An artificial intelligence researcher sought EB-2 with national interest waiver without labor certification. The AAO affirmed the service center's finding that the proposed research endeavor lacked the substantial merit and national importance required under Dhanasar's first prong, dismissing the appeal.

Computer scientist employed as engineering associate proposed developing proprietary software for AI safety and trust. AAO affirmed denial because proposed work lacked national importance, benefiting only the specific employer despite national footprint, even though petitioner was well positioned.

AI robotics entrepreneur claims EB-2 exceptional ability. Petitioner meets advanced degree criterion but fails to meet three of six exceptional ability criteria required for classification. Bachelor's degree in aeronautics not demonstrated to relate to robotics endeavor. Comparable evidence for remaining criteria insufficient. Categorical ineligibility established; NIW not reached.

Graduate research assistant in cybersecurity sought EB-2 with NIW for autonomous vehicle security research. AAO found substantial merit but dismissed because petitioner failed to establish national importance of specific proposed endeavor or demonstrate being well-positioned to advance it under Dhanasar framework.

AI algorithm developer sought EB-2 with national interest waiver for U.S. work. SCOPS found substantial merit and national importance but concluded insufficient evidence of qualification to advance endeavor and that waiver would benefit U.S. AAO remanded because petitioner's employment circumstances changed materially since filing; clarification needed on how endeavor will be pursued.

Industrial engineer with Ph.D. seeking EB-2 NIW for developing advanced three-dimensional AI chips. Qualified for underlying EB-2 but failed first Dhanasar prong: proposed endeavor lacks demonstrated substantial merit and national importance. AAO affirmed denial without reaching remaining prongs.

Industrial engineering doctoral student and researcher seeks NIW for EB-2 classification to continue research on graph neural networks for environmental monitoring and real-time video processing. AAO found endeavor nationally important but petitioner lacked PhD-level credentials, demonstrated record of success in the field, concrete plan, or progress toward the specific endeavor; appeal dismissed.

Ph.D. student in computer science pursuing generative AI research sought NIW under Dhanasar. AAO found proposed endeavor had substantial merit and national importance, but petitioner failed second prong: insufficient evidence of being well positioned to advance research through citations, progress, or field recognition.

A researcher and assistant professor sought NIW for EB-2 under Dhanasar. The AAO agreed the proposed endeavor had substantial merit and national importance but concluded the petitioner was not well-positioned to advance it, lacking demonstrated influence, institutional support, or feasible funding for research plans.

A research and design engineer supporting U.S. defense and aerospace industries sought EB-2 national interest waiver. The AAO found his proposed endeavor has national importance, he is well positioned to advance it through relevant education and experience, and the balance favors waiver given strategic national interests.

Computer scientist with advanced degree sought EB-2 NIW for data warehouse and machine learning research. AAO held proposed research lacked sufficient detail and documentation to demonstrate national importance beyond employer; relied on petitioner's own statements without corroborating evidence.

Software development entrepreneur seeking NIW for establishing company in United States. Claimed proposed endeavor has national importance through job creation and economic effects. AAO found endeavor lacks sufficient national importance; broad assertions about economic benefits insufficient. Appeal dismissed.

A software developer and entrepreneur with a Ukrainian master's degree sought EB-2 NIW classification for an all-in-one technology agency serving startups and small businesses. The AAO affirmed denial, finding the endeavor had substantial merit but lacked national importance as the petitioner failed to demonstrate broader implications or significant economic effects without supporting evidence.

Computer scientist with master's degree seeking EB-2 national interest waiver for research on optimization algorithms in machine learning. AAO dismissed, finding proposed endeavor lacked national importance; evidence showed importance of field, not specific petitioner's work beyond employer.

An industrial engineering developer of data models sought EB-2 with national interest waiver. The AAO affirmed denial because his on-the-job research lacked national importance, benefiting only his employer and customers without broader field implications; prior NSF funding does not establish national importance of new proposed endeavor.

A data scientist with a doctorate in computer science sought an EB-2 NIW by proposing AI-driven drug discovery research. The AAO reversed SCOPS' denial, finding the proposed endeavor clearly described with substantial merit and national importance, and remanded for reconsideration of whether the balance favors waiver.